Support OHA’s Two Resolutions to Strengthen Burial Sites Protections

1. The Senate Hawaiian Affairs Committee will hear SCR 161 at 1:10 p.m.
2. The House Judiciary and Hawaiian Affairs will hear HCR 193 HD1 at 2:00 p.m.

Submit Testimony by Monday, March 31 (24 hours in advance)
Testimony received after the deadline will be accepted, but considered late. Those who wish to testify via videoconference must also submit written testimony.

How to Create a Legislative Account  |  How to Testify

Summary of Resolutions to Strengthen Burial Sites Protection 

• Native Hawaiian burials continue to be unearthed across the pae ‘āina despite laws in place requiring that landowners work with SHPD and cultural and lineal descendants on burial site protection.
• The resolution would ensure a critical step forward by requesting OHA to convene a working group to explore whether transferring any portion of the Native Hawaiian burial sites program from SHPD to OHA would better protect iwi kūpuna.
• The working group would be comprised of representatives from OHA, SHPD, each of the five island burial councils (both resolutions) plus one representative from Hui Iwi Kuamo‘o (SCR 161) or up to five community members (HCR 193 HD1).
• The resolution also recognizes and reaffirms the state’s duty under Hawai‘i’s Constitution to protect Native Hawaiian cultural practices related to mālama iwi.

Background:

• Under Hawai‘i Revised Statutes (HRS) Chapter 6E, SHPD administers the State’s historic review program which currently includes oversight of Native Hawaiian burials.
• In 1990, in enacting the amendments to strengthen burial site protections, the Legislature found that “Native Hawaiian traditional prehistoric and unmarked burials are especially vulnerable and often not afforded the protection of law which assures dignity and freedom from unnecessary disturbance.”
• In 2022, as directed by Senate and House Resolutions, OHA convened a burial sites working group (BSWG) to investigate the treatment of Native Hawaiian burials.
• The BSWG determined that: (1) the state has failed to adequately manage its burial law responsibilities; (2) the state has demonstrated a lack of will to fulfill its burial law responsibilities; and (3) there are fundamental inadequacies in the burial law.
• The proposed working group would build upon the BSWGʻs work by considering whether transferring any of SHPDʻs duties to OHA would improve protection of iwi kūpuna and how to accomplish such a transfer.

SAMPLE TESTIMONY IN SUPPORT OF SCR 161

Use this sample to submit your own testimony:

Aloha e Chair Richards, Vice Chair San Buenaventura, and Members of the Senate Committee on Hawaiian Affairs:

I am writing in strong support of SCR161.

Native Hawaiian burial sites are sacred and must be protected. HRS chapter 6E sets forth procedures to identify Native Hawaiian burials and ensure their respectful treatment but success of the law is dependent upon adequate resources and implementation. Unfortunately, SHPD has historically been understaffed and underfunded. As a result, Native Hawaiian burials continue to be unearthed and mismanaged despite the law’s express recognition that “all burial sites are significant” and the state’s constitutional obligation to protect Native Hawaiian practices including mālama iwi.

Collaborative solutions are necessary. Under SCR161, representatives from OHA, SHPD, the island burial councils, and Hui Iwi Kuamo‘o would collaboratively explore whether transferring any of SHPD’s burial site duties to OHA would improve protection of iwi kūpuna. The working group would consider timelines, funding, staffing, and statutory and regulatory amendments necessary to operationalize any transfer. A careful, collaborative approach as proposed in the resolution is necessary to ensure that any changes increase protection of iwi kūpuna and are not overly disruptive to the existing program.
Please PASS this measure to allow the affected parties to collaborate on ways to improve protection of iwi kūpuna across the pae ‘āina.

Mahalo for the opportunity to testify.

[Your Name]

[Your Contact Information]

SAMPLE TESTIMONY IN SUPPORT OF HCR 193 HD1

Use this sample to submit your own testimony:

Aloha e Chair Tarnas, Vice Chair Poepoe, and Members of the House Committee on Judiciary and Hawaiian Affairs:

I am writing in strong support of HCR193 HD1.

Native Hawaiian burial sites are sacred and must be protected. HRS chapter 6E sets forth procedures to identify Native Hawaiian burials and ensure their respectful treatment but success of the law is dependent upon adequate resources and implementation. Unfortunately, SHPD has historically been understaffed and underfunded. As a result, Native Hawaiian burials continue to be unearthed and mismanaged despite the law’s express recognition that “all burial sites are significant” and the state’s constitutional obligation to protect Native Hawaiian practices including mālama iwi.

Collaborative solutions are necessary. Under HCR193 HD1, representatives from OHA, SHPD, the island burial councils and the larger mālama iwi community would collaboratively explore whether transferring any of SHPD’s burial site duties to OHA would improve protection of iwi kūpuna. The working group would consider timelines, funding, staffing, and statutory and regulatory amendments necessary to operationalize any transfer. A careful, collaborative approach as proposed in the resolution is necessary to ensure that any changes increase protection of iwi kūpuna and are not overly disruptive to the existing program.

Please PASS this measure to allow the affected parties to collaborate on ways to improve protection of iwi kūpuna across the pae ‘āina.

Mahalo for the opportunity to testify.

[Your Name]

[Your Contact Information]

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